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Systemic deficiencies that led to the collapse of a Chinese spy prosecution might be replicated absent substantial overhauls, a panel of lawmakers has cautions.

Investigation Points to "Disorderly" Administration

A report by the Joint Committee on the National Security Strategy said "shambolic" administration led to authorities dropping charges against Christopher Cash and Christopher Berry, who were alleged to have been transferring confidential material to a China-based operative.

Both men continue to affirm their innocence.

"Poor handling analogous subsequent trials will 'undermine the public's trust'," warned committee chair Matt Western.

Case Failure and Debate

Christopher Cash, a former parliamentary researcher, and China-based academic Christopher Berry, were both prosecuted under the Official Secrets Act in April 2024.

Mr Cash served two influential critics of China, Tom Tugendhat, then chair of the Foreign Affairs Committee, and Alicia Kearns, who later occupied the same role.

The Crown Prosecution Service (CPS) stated the case failed after a high-ranking adviser, the deputy adviser, refused to designate China an "adversarial power" at the time of the alleged violations.

However, the panel said they were "surprised" by the CPS's conclusion, suggesting it could have been "put before the court".

Findings of the Report

The panel found there was no "orchestrated senior campaign" to sabotage or obstruct the proceedings.

Instead, it was beset by "disorderly" mismanagement and "confusion and divergent expectations".

• Dialogue between the CPS and government were "insufficient".
• An lengthy delay in securing a key account is still unexplained.
• The report also disputed the administration's claim that comparable trials in the coming years under the recent law would not collapse.

"The report urges the authorities to refrain from describing the failure of this trial as a isolated oddity caused purely by old statutes," the document said.

Calls for Overhaul

The panel calls for the administration to examine introducing wide-ranging reforms within six months to avert a repeat.

1. The position and responsibility of the deputy national security adviser (DNSA) — which had been left "isolated and exposed" — must be swiftly examined and restructured.
2. Exchanges between the CPS and the government must also be "examined and enhanced at pace".
3. In future prosecutions, every spy matter must convene a structured conference within a month of indictment to spot flaws in the evidence at an early stage.
4. Greater "clarity" must be given on whether government personnel are giving policy details or evidence.

The Labour MP said: "As the global geopolitical environment worsens, high-stakes state security cases will crop up with increasing frequency.

"Authorities must demonstrate the citizens that it is capable in facing down opponents when necessary: inability to do so will sap public belief in our democracy."